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HomeMy WebLinkAboutres2013-026 WHATCOM COUNTY COUNCIL AGENDA BILL Na AB2013-111A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Roland Originator: Middleton I 7/�l//3 723/13 Council Division Head: � �l/t 1/3 Dept.Head: �YS�I 7/g/a.(3 JUL 16 2013 Prosecutor: 071 !Ili WHATCOM COUNTY Purchasing/Budget: COUNCIL Executive: ,/ —7//L /i 3 TITLE OF DOC NT: Resolution adopting the Swift Creek Sediment Management Action Plan and implementation of Phase 1 projects. ATTACHMENTS: Draft Resolution SEPA review required? (x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (x ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Adoption by resolution of the Swift Creek Sediment Management Action Plan and implementation of the Phase 1 projects. COMMITTEE ACTION: COUNCIL ACTION: 7/23/2013: Council Approved 6-0, Kershner absent Res. 2013-026 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Res. 2013-026 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: wwx.co.whatcom.wa.us/council. PROPOSED BY; Public Works SPONSORED BY: Public Works INTRODUCED: 7/23/2013 RESOLUTION NO. 2013-026 ADOPTION OF THE SWIFT CREEK SEDIMENT MANAGEMENT ACTION PLAN (SCSMAP) AND SCSMAP PHASE 1 PROJECTS PROPOSAL WHEREAS, Swift Creek, originating on Sumas Mountain, has a long history of sediment loading and reduced hydraulic conveyance capacity with consequent flooding as a result of a natural landslide; and WHEREAS, sediment from the slide is from a unique geologic deposit that contains naturally occurring asbestos; and WHEREAS, in addition to the asbestos content, sediment from the slide is also known to contain trace metals; trace metals of concern include cadmium, cobalt, manganese, and nickel; and WHEREAS, Whatcom County Public Works Department, on behalf of the Flood Control Zone District (FCZD), has prepared the Swift Creek Sediment Management Action Plan (SCSMAP) to address sedimentation and flooding that result in damage to agricultural, residential, and public assets and have the potential to affect public health; and WHEREAS, Whatcom County Public Works Department, on behalf of the Flood Control Zone District (FCZD), has purposed the SCSMAP Phase 1 Projects to implement the goals and objectives of the SCSMAP; and WHEREAS, the Whatcom County SEPA Official published a project and nonproject Draft Environmental Impact Statement (DEIS) for the SCSMAP and Phase 1 Projects on February 15, 2013; and WHEREAS, pursuant to WAC 197-11-535, a public hearing on the Swift Creek Sediment Management Action Plan (SCSMAP) Draft EIS and SCSMAP Phase 1 Project Plan was held on March 13, 2013; and WHEREAS, the Whatcom County SEPA Official published a project and nonproject Final Environmental Impact Statement (FEIS) for the SCSMAP and Phase 1 Projects on June 12, 2013; and WHEREAS, Whatcom County continues to negotiate with State and Federal agencies on an agreement to resolve liability issues related to the Washington State Model Toxics Control Act (MTCA) and the Federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); and Page 1 WHEREAS, Whatcom County continues to work in cooperation with State and Federal agencies to identify funding for the implementation of the SCSMAP; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Swift Creek Sediment Management Action Plan (SCSMAP) and the SCSMAP Phase 1 Projects are adopted, contingent upon a satisfactory agreement with applicable state and federal agencies to resolve the issue of liability under MTCA and CERCLA. In addition, the adoption of the SCSMAP and Phase 1 Projects are contingent upon an appropriate funding source. APPROVED this 23rd day of July _ _, 2013. 001'm mII:so/i .'4 C C 4 . 11 k..t 4y : . % �.� • WHATCOM COUNTY COUNCIL '= • •va WHATCOM COUNTY, WASHINGTON 4.641"10110:10" Pfdig.:ar-• AP. !Id/ Darn Brow '4W`8; clerk of the Council Kathy Ker er, .uncil Chair AP PROVER�S1,FORM: F C 07/11113 Daniel L. Gibson, Chief Civil Deputy Prosecutor Page 2